HomeMy WebLinkAboutOrdinance - 938-1949 - Authorizing The Specified Officers Accepting Cash Bail For Persons Charged - 09/22/1949~~
\
0.9-22...-\.94-.9
ORDINANCE NO. ~38
".
· to-13-\94.9
' AN ORDINANCE AUTHORIZING SPECIFIED OFFICERS OF THE CITY OF LUBBOCK TO ACCEPT
CASH BAIL FROM PERSONS CHARGED WITH AN ALLEGED VIOLATION OF CITY ORDINANCES INCLU.O~
ING MINOR TRAFFIC OFFENSES; PROVIDING WHEN CASH BAIL MAY BE ACCEPTED BY SUCH
J, OFFICERS; PP.ESCRIBIOOfl'HAT PERMANENT FECORDS THEREOF SHALL BE KEPT, PROVIDIID)
~ ;tJ:. FORFEITURE OF THE BAIL WHEN PERSONS CHARGED FAIL TO APPEAR BEFORE THE CORPORATION
V . •.tfl !COURT AS PROVIDED BY THE BAIL AGREEMENT; PROVIDI!il FOR THE ISSUANCE OF A CAPIAS
\}Y ARRANT WHERE THE PERSON CHARGED FAILS TO APPEAR AND THE JUDGE OF SAID COURT DOES
'10-\ NOT CONSIDER THAT FORFEITURE OF THE CASH BAIL IS ADEQUATE PUNISHMENT FOR THE
v \J. ,}JY OFFENSE CHA'RGED; AUTHORIZIOO A PLEA OF GUILTY UPON FAILURE OF SUCH PERSON TO APPEAR;
~,F/ • ~ PROVIDIKG THAT CASH BOND RECEIPTS SHALL BE MAINTAINED IN DUPLICATE AND SIGNED BY
• I THE PERSON BEir-li-RELEASED AND THE OFFICER ACCEPTING THE GASH BAIL CONCURRENTLY
fJ . J WITH THE RELEASE OF SUCH PERSON; AUTHORIZING SAID OFFICERS TO FINE THE AMOUNT OF
(/i -;. CASH BAIL IN AN AMOUNT OF NOT LESS THAN TEN ($10.00) DOLLARS NOR IDRE THAN FIFTY
n , -z, ($50.00) DOLLARS; PROVIDI:OO FOR THE SUBSTITUTION OF WRITTEN SURETY BONDS AND RE ...
-r {q tJ..q PAYMENT OF CASH BAIL TO SUCH PERSON; PROVIDING FOR PLEA OF GUILTY AGREEMENTS AND
' THE FORM THEREOF; PROVIDING THE FORM OF CASH BAIL BONDS; PROVIDING FOR SETTilin A ...
~ 1 + i:t> SIDE CASH BAIL FORFEITURES uPON WRITTEN IOOTION WITHIN TWO (2) DAYS AFTER SUCH
~t>f ~ FORFEITURE AND STATING THE PURPOSES AND INTENDED APPLICATION OF THE PROVISIONS OF
~~) SAID ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK*
SECTION 1. CASH BAIL. The Judge of the Corporation Court, the Clerk of said
court, and the Desk Sergeant on duty, are hereby authorized to accept cash bonds
or escrow agreements as provided in this ordinance when such officers are actually
on duty at their respective places of performing their duties in the Corporation
Court Building of the City of Lubbock, and said officer accepting any such cash
~ ( ~ bond shall execute and cause to be executed the records and receipts herein pro-
v-l L U / vided for concurrently with the acceptance of such cash bail.· And other police
?c-J (J c..-d.-'-e officers and other officers and employees of the City of Lubbock are hereby ex-
press~ prohibited from accepting cash bail.
I o-t q ~
f q_ '\-a\ SECTION 2. WHEN CASH BAIL MAY BE ACCEPTED. When any person is detained at the
tn ~~~~~ Corporation Court Building for the violation of any City o~dinance including the
·1 1 violation of minor traffio offenses for which notices to appear may be given, and
~~{) such person is unable to secure his release by the proper execution of a written
1 ~1 IK~ surety bond, such person may secure his release by placing in escrow an amount of
money not less than Ten {$10.00) Dollars nor more than Fifty ($50.00) Dollars, the
amount to be determined by the officer then on duty, provided such officer shall
till out and such person shall sign a receipt showing the amount of money placed in
escrow.
SECTION ). PERMANENT RECORD. A permanent record shall be kept on all cash
bonds by using the following method. A permanent volume containing numbered re•
ceipt bonds in duplicate with the origlnal sheet perforated. The person posting
cash bail shall sign one of the bonds, making a "carbon" duplicate showing the
amount of the cash posted. The officer taking the cash .bail shall fill out and sign
in the space provided on the bond, a receipt for the money, stating the amount, by
whom posted, and giving a docket number thereto. The original of this combination
bond and receipt shall be delivered to the person posting the cash bail and the
duplicate shall remain in the bound volume, which shall be used by the Corporation
Court for a permanent record and shall be referred to by the Judge of the Corporation
Court in forfeiting the bond when the case is called for such person's appearance
~ ~ for trial and such person fails to appear. The number and amount of this Qond
.receipt and the docket number shall be posted on the police blotter, which shall
be a permanent record. The number and amount of this bond receipt shall be shown
on the Court docket. The Judge of the Corporation Court shall make or cause to be
made, a daily cash report to the Auditor showing the name of the defendant, docket
number, bond receipt number, and the amount. Forfeitures or fines shall be entered
on the Court docket showing final disposition of each cash bail.
SECTION 4• FORFEITURE OF BAIL. When any such person has made a cash bond or
bail and fails to appear at the time stated therein, his name will be called by or
under the direction of the Judge of the Corporation Court, and if such person or his
representative fails to appear, the cash bond shall be forfeited b.Y the Recorde~ by
making a notation on the docket after hearing the evidence and satisfying himself
that forfeiture of the bond is sufficient punishment for the offense for which the
bond was given and that there need not be a capias warrant issued for the defendantts
arrest.
SECTION 5• ISSUANCE OF CAPIAS WARRANT. Forfeiture of cash bail or bonds shall
operate as a fine except in instances where it appears to the Judge of the Corpora•
tion Court, after hearing evidence that forfeiture of the bond is insufficient
punishment and then the Recorder shall order a capias warrant for the defendant's
arrest and trial.
SECTION 6. PLEA OF GUILTY OR FAILURE TO APPEAR. The cash bond receipts shall
be formulated in such a manner that any such person shall have entered a plea of
guilty upon his failure to appear at the time stated in the bond. ·
SECTION 7. DETAINED PERSON REQUIRED TO SIGN CASH BOND P~CEIPT. Any such
person will be required to sign the cash bond receipt provided for above when post•
ing cash for his appearance and the amount ot the deposit shall be legibly written
on the receipt prior to signing b.Y any such person.
SECTION 8. FIXING AMOUNT OF CASH BAIL. The cash bail here authorized, within
the limits hereinbefore stated shall be fixed by the officer accepting the same in
such an amount as will, within the discretion of the accepting officer, be necessary
to enforce the attendance of the person so released, at and before the Corporation
Court at the time stated in the bond.
SECTION 9. WRITTEN SURETY BOND MAY BE SUBSTITUTED. Any person making a cash
bail or bond as herein provided for may, prior to the time suoh bail is forfeited,
substitute therefor and ·for his appearance, a written bond with sufficient sureties,
if the same be duly approved and signed, in which event the sum of money deposited
as a cash bail, shall be forthwith returned to such person, provided he execute a
receipt therefor which shall be retained as a permanent record.
SECTION 10. PLEA OF GUILTY. When the Judge of the Corporation Court has
set an amount of the fine for an offense contemplated by the provisions of this
ordinance, the Clerk of the Corporation Court or the Desk Sergeant, as stated in
Section 1 hereof, under the circumstances therein stated, may accept a plea of
guilty agreement as herein provided for, together with a sum of money in the amount
~ ·· set by said Judge for transmission forthwith to the Judge of the Corporation Court
~ when the same is in session, which plea of guilty together with the cash bail will
be disposed of in the manner that a plea of guilty would be disposed of b.Y said
Judge1in the same manner as other pleas of guilty.
(f
. SECTION 11. FORM OF PLEA OF GUILTY. The written plea of guilty provided for
i~ Section 10, shall be in substantially the following form, which shall be fully
,xecuted in duplicate and the original delivered to the person entering the plea&
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
PLEA OF GUILTY
File No. ------
Receipt No. -------
I, -------------------' do hereby appoint -------
""""'!'-.-~--~~-as my representative to appear for me in the Corporation Court
of the City of Lubbock, Texas, at 9 otclock A.M. on the day of------'
19_, and to plead guilty in my behalf to a charge in said Court of------
--~~------~----~--~ and I hereby waive and authorize my attorney and repre-
sentative to waive a jury trialton the trial)o.f' said cause, and hereby deliver to
him as my attorney the sum of $ which he is auth0rized to pay to
the Corporation Court of the City of Lubbock, Texas, to be applied upon the fine
imposed upon me by virtue of my plea of guilty to the offense hereinabove defined.
WITNESS T.JJ'3' hand this ___ day of ----------' 19_.
Approved:
Clerk of the Corporation Court.
SECTION 12. FORM OF CASH BAIL BOND. The written form of the cash bail bond
provided for herein shall be in substantially the following form:
Docket No. ____ _
Notice No. ____ _
TO THE JUOOE OF THE CORPORATION COURT, LUBBOCK, TEXAS t
I, -----------of , -.._,.. ....... ~~-(city'of Town) (statej
1. being under arrest for an alleged violation of an ordinance of the City of
Lubbock,
2. being under arrest for an alleged violation of a minor traffic regulation,
3• having appeared at the Corporation Court building in response to a notice to
appear and relating to an alleged traffic violation do hereby place cash bail
in the following sum:
DOLLARS,
with the undersigned approving officer to secure my release and enforce my attendance
before the Judge of the Corporation Court in the City of Lubbock at o'clock
_M, , ----,....---~-..--' I. (Month) (Date} · ··(Year) '
I understand that I may substitute a written bond with sufficient surety, it
duly approved and filed before the time next above stated and the amount placed in
escrow will be refunded to me upon satisfactor.y identification.
c
•
• My failure to appear in person or by attorney at the time herein required shall
c~nstitute a forfeiture of the sum placed in escrow and said sum shall be paid to
,the City of Lubbock.
Approving Officer
Title. ____________________ __
SECTION 13. WRITTEN MOTION REQUIRED. For good cause shown bf written motion
of the defendant duly filed with the Judge of the Corporation Court or the Clerk
of said court, after hearing thereon, the Corporation Court Judge m~ set aside the
cash bond forfeiture within two (2) days after the same is forfeited as herein
provided for.
SECTION 14• CONSTRUCTION AND APPLICATION. It is the intention of the
Governing Body of the City of Lubbock in passing this ordinance that its provisions
be used with discretion to enable persons to secure their release from custody when
charged with minor offenses contemplated by the provisions of this ordinance, so
that persons when so charged will not be committed to jail when they are unable to
submit forthwith for approval a written bond with two {2} or more good and sufficien
sureties, and such provisions shall never be construed as applying to any offense
not within the jurisdiction of the Corporation Court.
AND IT IS SO ORDERED.
Passed and approved first reading by a unanimoQs vote of the City Commission
this t2 -day of.::. si,pt e mber , 1949.
Passed and approved seoond reading by a unanimous vote of the City Commission
this ~? lJ day of l ·October , 1949.
ATTEST;
~//a~ City s7retary
I